How can one be granted bail after being convicted?
If you’ve been convicted of a criminal offence but are appealing your conviction or sentence, you can apply for bail.
Bail allows someone who has been charged with a criminal offence to be in the community pending the hearing of their charges, or the hearing of their appeal. If you have been convicted, conditions may have been placed on you to satisfy the court that you will appear at your next court date and you don’t pose a risk to witnesses or the public.
It’s important to consider whether applying for bail is the right decision and seek advice from criminal lawyers in Melbourne to increase your chances at success.
Should you apply for bail?
Being granted bail after you have been convicted is going to depend on numerous things such as your circumstances and the ‘threshold’ you are required to meet to be granted bail.
Criminal lawyers in Melbourne who are experienced with bail applications can advise you on whether your case is likely to be granted bail.
Depending on the offence you’ve been convicted of, you may be entitled to bail or be required to show compelling reasons or exceptional circumstances as to why you should be granted bail. The court may also assess whether you pose an “unacceptable risk” if your bail application is approved.
Is it difficult to be granted bail?
Numerous factors can impact the chances of obtaining bail. These can include the charges you were convicted of, whether you are likely to serve the whole term of your imprisonment before your appeal date and if you have any prior convictions.
The court will also consider whether the police or Director of Public Prosecutions opposes a grant of bail, though the decision to grant bail ultimately sits with the court.
In the higher courts, where typically the more serious indictable offences are heard, it can be harder to establish to the court that you should be granted bail, and you often require exceptional circumstances to be granted it.
In any bail application, it is essential you show the court you have a residential address you reside in. If you don’t, you can get assistance from services in attaining long-term accommodation.
If you have support in the community, from family and friends, this can also help in your appeal.
It’s important not to rush an application for bail. It needs to be well considered and well-timed. Your criminal lawyer will know when the best time to proceed with the application will be that will more likely result in success.
You don’t want to risk your bail application being rejected, as you are usually only able to apply for bail once. If your bail application is refused there are restrictions on whether you can apply again. This often involves being able to show new facts and circumstances to support your application.
Your bail application should be targeted and address the concerns a court may have about granting bail (such as being a flight risk, if you will commit another offence, interfere with a witness or endanger the community). An experienced criminal lawyer will anticipate what the potential concerns may be and ensure these are addressed.
Depending on the circumstances of the case, your lawyer will have evidence of things such as a suitable address the offender will reside in during the bail period, any treatment or support available to those with mental health or addiction issues, employment being available if the person is granted bail, and a surety being available.
Preparation is critical for ensuring evidence is provided with bail application.
What happens if you are granted bail?
If you are granted bail, the court is likely to impose conditions you are required to comply with. These may include mandatory meetings or reporting into a police station, not having contact with certain persons, surrendering your passport, and attending support sessions/receiving treatment for drug or alcohol addiction.
You need to consider whether you will be able to comply with the conditions set during your bail period, as you risk being charged with further offences if you don’t comply.
Talk to your criminal lawyer about applying for bail
If you’re considering applying for bail, or want advice on whether it is the right course of action for you, contact your lawyer to discuss your options and how to proceed.
At Stary Norton Halphen, we deal with bail applications regularly and are very experienced with the process involved for increasing your chance of having your bail application approved.
We advise our clients, their families and their supporters on what is needed, when to list, and what matters ought to be put to court.
Our criminal lawyers in Melbourne are experienced in making bail applications in the Children’s Court, the Magistrates’ Court, the County Court or the Supreme Court, and will give our clients the best opportunity of successfully applying for bail.
